Voice of the Free Press: So much for transparency

Mar. 13, 2013

Written by

Free Press Editorial Page Editor

Yet another Vermont lawmaker is raising doubts about the merits of open government, saying he wants to have “a conversation about what is a public record.”

Rep. Ron Hubert’s particular concern is about just how public a public official’s job is, saying, “Right now any email I receive is a public record. I’m not sure if that is what we intended on doing.”

Even if unintentional, there is no credible reason to roll back this rare degree of transparency within state government.

Hubert’s bill proposes exempting from the public records law “communications” between an individual and a legislative committee that the individual expects is confidential or concerns “a personal or private matter.”

The bill also would exempt communications between legislative committees and lawmakers and some communications with public agencies.

The Free Press reports Hubert stressed the bill “doesn’t necessarily represent his personal recommendation on the issue.” The Republican from Milton is a member of the House Government Operations Committee, which has jurisdiction over bills having to do with open government laws.

Unfortunately, nobody who has been paying attention to how the idea of open government fares in the Legislature should be surprised that a lawmaker has questions about the value of public servants having to do their jobs in full view of the public.

The evidence of lawmakers’ discomfort with the idea of transparency is all over the state statutes, which can boast at least 260 exemptions to the public records law that have passed muster with the elected representatives.

Any enterprising official can reach into the far-reaching list of exemptions and come up with a reason to deny just about any information request.

Gov. Peter Shumlin made open government one the main themes of his election campaigns, and lawmakers began reviewing those exemptions last year in an effort to improve transparency.

The legislators have yet to identify a single exemption they agree needs to be eliminated.

Earlier this session, what started as an effort to ensure better public accountability in criminal investigations resulted in the introduction of two additional exemptions, which could give law enforcement broader discretion to withhold information.

So much for transparency. The habit of secrecy is a tough one to break, especially when it’s been entrenched in government for decades.

Lawmakers must focus on what they can do to make government more open and accessible before they worry about their personal privacy.

Public officials who prefer more privacy ought to find a job that better suits their behavior.